A just outcome should always provide a resolute determination, a fair judgment, the opportunity for reconciliation for those who've experienced loss, society at large, and the criminal. This is how I believe a wrong can be made right.
Heinous Crimes:
It has been clearly demonstrated that Heinous Crimes cannot be reconciled, and we have failed to identify a universally accepted penalty for Heinous Criminals who commit brutal crimes. The death penalty, although resolute, does not reconcile the crime. In addition, there is so much opposition to allowing the state to kill citizens, so that it is not applied in an effective manner and probably won’t be applied in an effective manner for all heinous criminals. The occasional execution does little to satisfy the public’s confidence in the system. Currently we spend well over 100k per year on these criminals.
So, I am laying a new foundation for dealing with those convicted of Heinous Crimes.
Life without parole for heinous criminals should include the separation from the general population of criminals since the latter are still considered members of society.
These are the underlying criteria, which result in a complete and irreversible separation from society (except of course in the case of exhoneration). It is in many ways a virtual death. To me it seems like a fate worse than death, yet fair and resolute in all cases of Heinous Crime as I have defined Heinous Crime.
I am starting by redefining heinous crime: A heinous crime is so because it is unquestionably so odious and cruel or malicious in nature as to be irreconcilable."
Loss of liberty. Heinous Criminals are no longer at liberty to engage other members of society. By the nature of the crime, they have separated themselves from society and all privileges and benefits otherwise available to members of society.
Protection for members of society. Members of society must be protected from any engagement or impacts from Heinous Criminals. The state has an obligation to block heinous criminals from such engagement.
Humane treatment: Humane treatment is considered according to the context of specific treatment(s). And there must be some positive obligation to provide treatment of any sort. Rehabilitation is no longer a consideration nor is providing societal privileges and benefits. Humane treatment in this case involves a prohibition against ill treatment such as: Torture, Cruelty, Degrading treatment, physical punishment, medical or scientific experimentation, hardship or constraint other than that resulting from loss of liberty and except those unavoidable due to being placed in a closed environment or resulting from their separation from society. |
